Although most cases are referred to mediation prior to trial or a hearing, some do not resolve themselves, making live testimony in court necessary. You, obviously, know that the Judge will administer an oath to you along the lines of "do you promise to tell the truth, the whole truth, and nothing but the truth? You also know it is perjury to go into court and lie. You would not do that. However, you have never testified before in court. You do not have any idea what to expect. As a result, here are some very practical tips for testifying in court.
- Listen to the question. Make certain you understand the question. If you do not understand the question, ask the attorney to repeat the question. Now is not the time to be timid.
- Repeat the question in your head.
- Answer the question with the shortest answer consistent with the truth, and shut up.
- Do not volunteer information.
- Do not get angry.
- Answer the question truthfully, even if the answer hurts you. Evading the truth just allows the opposing attorney to hover over you on that subject for an unreasonably lengthy time.
- Watch out for the compound question.
- Watch out for the question that assumes facts that are not true.
- Watch out for the questions that give a wrongful summation of the facts.
- Do not characterize your testimony.
- Try to avoid using absolute words, like, "no", "never", and "all".
- Avoiding getting boxed in with questions phrased "Tell me everything you remember regarding ... " or "everything you know".
If you live in a city that has a number of different courts, I strongly suggest that you take a day off, go the courthouse, and watch several trials. I do suggest that you do not go into the courtroom before the judge that you will actually appear before in your case. Instead, watch a criminal case, a personal injury case, probate case, or a divorce case in another court. It is best to find a court that is actually conducting a trial, whether there is a jury, or a bench trial, or the judge is conducting a formal hearing, with the witness on a witness stand, counsel at counsel tables, and different witnesses.
You cannot remake the facts of your case. However, by diligent preparation before you go to trial, you will enhance the probability that the court will look favorable upon the facts of your case.
MICHAEL P. VON BLON & ASSOCIATES
Board Certified - Family Law - Texas Bar Board of Legal Specialization
1231 Antoine Drive
Houston, Texas 77055
Telephone: 713-681-5288
Fax: 713-681-5388
E-mail
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Located near the intersection of Interstate 10 and Interstate 610
